Are you an EB-5 Entrepreneur? New Filing Location for I-526 Petitions

U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) announced a new filing location for individuals filing an Immigrantan alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens.) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. categories (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens. section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens. but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States. Petition by AlienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States. Entrepreneur (Form I-526). The new form version, which is dated 4/21/10, requires petitioners to file at the USCIS Lockbox rather than at a Service Center.

Beginning Aug. 3, 2010, regardless of the location of the new commercial enterprise, petitioners submitting Form I-526 must mail their petitions to the USCIS Dallas Lockbox facilityA site that is built or established to perform a specific function or serve a particular need. For example, the Department of State built the Kentucky Consular Center to manage the diversityA category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely “affected” by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program. visa program..

The USCIS California Service Center will forward Forms I-526 to the USCIS Dallas Lockbox facilityA site that is built or established to perform a specific function or serve a particular need. For example, the Department of State built the Kentucky Consular Center to manage the diversityA category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely “affected” by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program. visa program. until September 17, 2010. After Sept. 17, 2010, the California Service Center will return all incorrectly filed petitions to the petitioner along with a note to send the petition to the correct location.

Petitioners filing Form I-526 at the USCIS Dallas Lockbox facilityA site that is built or established to perform a specific function or serve a particular need. For example, the Department of State built the Kentucky Consular Center to manage the diversityA category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely “affected” by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program. visa program. may elect to receive an e-mail and/or text message notifying them of acceptance of their application/petition. To receive the notification, the petitioner must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of the petition.